Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
Another important consideration is that the ADA does not allow businesses to simply provide an alternative such as a phone number. Lastly, include accessibility issues as part of your website and mobile strategy. When new technologies are implemented or pages added, part of the process should include the implications for persons with disabilities. 
In response to the members’ concern about the proliferation of website litigation lawsuits, DOJ said:  “Given Congress’ ability to provide greater clarity through the legislative process, we look forward to working with you to continue these efforts.”  DOJ is essentially putting the ball back in the Congressional court, where little is likely to happen.
On the legal side, ambiguity in the law and the speed at which technology and dependence on the Internet has developed created an opportunity for litigation all over our nation. As these cases have moved through our system, the courts have been nearly split -- with the 1st, 3rd and 7th Circuits ruling that the ADA does apply to websites, while the 6th, 9th and 11th Circuits have ruled that it does not. These latter rulings have all been based on the interpretation that the ADA is focused on physical location and requires a nexus test. Other circuit courts in the United States have yet to rule on the topic.
These statistics are especially important when you consider the potential spending power of people with disabilities. Unfortunately, if the website isn’t accessible, then it is excluding more than 60 million Americans14. Additionally, 71 percent of customers14 with disabilities will instantly leave the site if it does not meet their accessibility needs. Another 80 percent of customers14 with disabilities have stated that they will spend more on a website that has improved accessibility features. Fortunately, if you follow Web Content Accessibility Guidelines (WCAG)7, then you can appeal to millions of individuals who want to enjoy the same online experiences as their friends, family, and neighbors. Giving them the chance is not only right, but it is also in accordance with ADA regulations.
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In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.

Under Title II, publicly available videos, whether for entertainment or informational use, must be made accessible to individuals with disabilities. That means including captions on videos both in person and online so that deaf and hard-of-hearing people can access public services. Websites for public entities should also be fully accessible to users who are deaf, blind or have limited dexterity.


Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
On Dec. 26, 2017, the DOJ withdrew the proposed rulemaking for Title II and Title III, effectively killing any forward progress on adoption (more on that here: https://www.law.com/dailybusinessreview/2018/03/01/website-operators-are-on-notice-recent-events-may-force-change/). While disappointing, this is not surprising, given the current administration's commitment to deregulation. That said, I fully expect the courts to continue to fill the gap and hold businesses accountable, so I would encourage you to take accessibility standards into account as you work up the governance for your enterprise intranet services. If it would be helpful for me to put you in touch with an attorney with experience in these matters, I'd be more than happy to do so. Feel free to shoot me an email anytime at [email protected] Best of luck!
Recent years have seen an uptick in federal lawsuits filed against businesses and governments, alleging that their website violates the ADA by being insufficiently accessible to people with disabilities. In 2017, there were at least 814 such lawsuits against organizations in a variety of industries, from banks and credit unions to restaurants and e-commerce websites. The defendants include small businesses as well as major corporations such as Nike, Burger King, and the Hershey Company.
As organizations around the world scramble to bring their sites into compliance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG), focus on other, preexisting accessibility regulations has also intensified. The United States’ Americans with Disabilities Act (ADA) is one of the most visible and complicated pieces of accessibility legislation. Let’s look at some of the ins and outs of what an ADA compliant website means today. Or, if you're interested in seeing the nitty-gritty details of your site's accessibility, request a free website audit report using the form on this page.
Founder is extremely easy to set up on your WordPress site and includes a few key customization tools. Choose to display excerpts or complete posts on the homepage, add a search bar to the header, upload your own logo, and add social media icons for your profiles. Founder is coded following WP best practices, so it is compatible with thousands of plugins found on wordpress.org for further customization.
Any business that is considered a “place of public accommodation” is required to provide equal access to services under the nondiscrimination requirements of Title III of ADA. When you look at the guidelines closely, this includes hotels, entertainment venues, legal and accounting firms, retail stores, and virtually every business that is not a private club, including businesses that exist solely on the web.
Federal law isn't the only consideration for businesses. Additionally, each state interprets the law differently. Consider the case against Netflix in 2012. Lawsuits were brought in federal court in Massachusetts and California. Netflix was accused of violating the ADA by not offering "closed captioning" options for its Internet streamed movies. Illustrating the complexity of this issue, the courts reached completely opposite decisions. Massachusetts held that Netflix must comply with the ADA, while the California court found that Netflix did not fall under the ADA's definition of "public accommodation."
Whether you target a small demographic or offer services to an array of customers, you can benefit from making your website more accessible to a broader range of individuals. Reach more visitors and keep them, by allowing screen readers to describe the images to the blind, ensuring your navigation can be used without a mouse for those with physical limitations, and more.
Accessibility by UserWay UserWay creates a simpler and more accessible browsing experience for users with mobility issues. Millions of people cannot use a mouse or other pointing device and rely solely on their keyboard to navigate websites. Your site should be fully navigable using a keyboard’s tab key, arrow keys, the enter key and the space bar.
Another important consideration is that the ADA does not allow businesses to simply provide an alternative such as a phone number. Lastly, include accessibility issues as part of your website and mobile strategy. When new technologies are implemented or pages added, part of the process should include the implications for persons with disabilities. 
It is worth noting that before the settlement, Netflix attempted to argue that, due to its role as a streaming video distributor, any legal action should pertain to the 21st Century Communications and Video Accessibility Act (CVAA), which, at the time, did not call for closed captions on content that had not previously aired on US television. However, the court ruled that these two laws are not mutually exclusive and that Netflix was not protected from ADA prosecution because of compliance with the CVAA.
Use the plugin, follow its instruction, and resolve the compliance issues identified. You’ll find that using the plugin will save you an incredible amount of time as you maintain your site’s compliance on a month-to-month basis. The best part, it identifies the compliance issues and tells you exactly which code elements are out of compliance and why! Our average customer is reporting a 10x-20x time savings over manually identifying and fixing these problems. In extreme cases more than 30x time savings has been reported! Using the plugin alone does not guarantee compliance. Some parts of accessibility can’t be automatically scanned and must be manually audited but we also provide independent 3rd-party audits and certifications of compliance. The Accessibility Suite Pro Plugin for WordPress makes this process profoundly easier.
In an August 2016 case involving the University of California Berkeley, the DOJ ruled that the public university was in violation of ADA Title II (similar to Title III but it instead applies to government organizations) because their YouTube channel’s videos didn’t include captions for hearing impaired visitors. The DOJ found this to violate the ADA as deaf users did not have equal access to the online content.
If posted on an accessible website, tax forms need to be available to people with disabilities in an accessible format on the same terms that they are available to other members of the public – 24 hours a day, seven days a week, without cost, inconvenience, or delay. A staffed telephone line that sent copies of tax forms to callers through the mail would not provide equal access to people with disabilities because of the delay involved in mailing the forms.

The statement that “noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA” is new and significant.  It is a recognition that a website may be accessible and usable by the blind without being fully compliant with the privately developed Web Content Accessibility Guidelines (WCAG) 2.0 or 2.1.  The statement confirms what some courts have said so far:  That the operative legal question in a website accessibility lawsuit is not whether the website conforms with WCAG, but whether persons with disabilities are able to access to a public accommodation’s goods, services, and benefits through the website, or some alternative fashion.
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